7th Circ. Draws Roadmap For 404 Review Of Large Projects

Law360, New York (October 9, 2013, 5:06 PM EDT) -- A recent opinion from the U.S. Court of Appeals for the Seventh Circuit provides a useful roadmap for U.S. Army Corps of Engineers’ review of major infrastructure projects under Section 404 of the Clean Water Act. See Hoosier Environmental Council v. U.S. Army Corps of Engineers, 722 F.3d 1053 (7th Cir. 2013).

The decision, authored by Judge Richard Posner, addresses a highway construction project, but it also marks a significant precedent for other types of development requiring a Section 404 permit. Most significantly, the decision affirms...
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